<div class="chunk-title">Sec. 8-98. - Enforcement procedure.</div>
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               (a)
               
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               <span class="ital">Authority to repair, alter or improve.</span> If the owner fails to comply with an order to repair, alter or improve the dwelling,
               the minimum housing code enforcement officer may:
               
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               (1)
               
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               Cause such dwelling to be repaired, altered or improved, and pending such repairs,
               alterations or improvements, may order such dwelling vacated and closed; and
               
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               (2)
               
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               Cause to be posted on the main entrance of any dwelling so closed a placard with the
               following words: "This building is unfit for human habitation; the use or occupation
               of this building for human habitation is prohibited and unlawful."
               
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               (b)
               
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               <span class="ital">Authority to vacate, close, remove or demolish.</span> If the owner fails to comply with an order to remove or demolish the dwelling, the
               minimum housing code enforcement officer may:
               
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               (1)
               
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               Cause such dwelling to be vacated and closed, removed or demolished; and
               
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               (2)
               
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               Cause to be posted on the main entrance of any building so closed a placard with the
               following words: "This building is unfit for human habitation; the use or occupation
               of this building for human habitation is prohibited and unlawful."
               
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               (c)
               
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               <span class="ital">Ordinance to repair or demolish.</span> The duties of the minimum housing code enforcement officer set forth in subsections
               (a) and (b) of this section, shall not be exercised until the board of commissioners
               shall have, by ordinance, ordered the minimum housing code enforcement officer to
               proceed to effectuate the purpose of this article with respect to the particular property
               the minimum housing code enforcement officer has found to be unfit for human habitation
               and which property shall be described in the ordinance. No such ordinance shall be
               adopted to require the demolition of a dwelling until the owner has first been given
               a reasonable opportunity to bring it into conformity with the housing code. Such ordinances
               shall be recorded in the office of the county register of deeds and shall be indexed
               in the name of the property owner in the grantor index.
               
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               (d)
               
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               <span class="ital">Lien.</span> The amount of the cost of such repairs, alterations or improvements, vacating and
               closing, or the demolition and removal by the county shall be a lien against the real
               property upon which such cost was incurred; which lien shall be filed, have the same
               priority, and be collected as provided by G.S. ch. 160A,<a href="" data-chunk-id="PTIICOOR_CH10BUBURE" class="section-link" data-product-id="14661"> art. 10</a>. If the dwelling is demolished and removed by the county, the minimum housing code
               enforcement officer shall sell the materials of such dwelling and shall credit the
               proceeds of such sale against the cost of the demolition and removal, and any balance
               remaining shall be deposited in the superior court by the minimum housing code enforcement
               officer, shall be secured in such a manner as may be directed by such court, and shall
               be disbursed by such court to the persons found to be entitled thereto by final order
               of decree of such court (in a special proceeding brought before the clerk of superior
               court for said purpose).
               
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               (e)
               
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               <span class="ital">Action to vacate; judgment; appeal.</span> If any occupant fails to comply with an order to vacate a dwelling, the minimum housing
               code enforcement officer may file a civil action in the name of the county to remove
               such occupant. The action to vacate the dwelling shall be in the nature of summary
               ejectment and shall be commenced by filing a complaint naming as parties-defendant
               any person occupying such dwelling. The clerk of superior court shall issue a summons
               requiring the defendant to appear before a magistrate at a certain time, date and
               place not to exceed ten days from the issuance of the summons to answer the complaint.
               The summons and complaint shall be served as provided in G.S. 42-29. The summons shall
               be returned according to its tenor, and if on its return it appears to have been duly
               served, and if at the hearing the minimum housing code enforcement officer produces
               a certified copy of an ordinance adopted by the governing body authorizing the officer
               to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering
               that the premises be vacated and that all persons be removed. The judgment ordering
               the dwelling vacated shall be enforced in the same manner as the judgment for summary
               ejectment entered under G.S. 42-30. An appeal from any judgment entered hereunder
               by the magistrate may be taken as provided in G.S. 7A-228, and the execution of such
               judgment may be stayed as provided in G.S. 7A-227. An action to remove an occupant
               of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment
               proceeding pursuant to this subsection, unless such occupant was served with notice
               at least 30 days before the filing of the summary ejectment proceeding that the governing
               body has ordered the minimum housing code enforcement officer to proceed to exercise
               his duties to vacate and close or remove and demolish the dwelling.
               
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               (f)
               
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               <span class="ital">Section does not limit county's enforcement authority.</span> Nothing in this section shall be construed to impair or limit in any way the power
               of the county to define and declare nuisances and to cause their removal or abatement
               by summary proceedings or otherwise, nor shall enforcement of one remedy provided
               herein prevent the enforcement or the other remedies provided herein.
               
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            <p class="historynote0">
               (Ord. No. 37, Â§ 3-306, 5-16-1994)
               
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